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The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

Larson’s Spotlight on Recent Cases: Claimant’s Unpaid Work for Wife’s Business Did Not Constitute Fraud

Larson's Spotlight on Fraud, Unfair Settlement Practices, Penalty for Late Payment, and Altercation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

Larson’s Spotlight on Recent Cases: Truck Drivers Deemed Employees In Spite of Contractor Agreement

Larson's Spotlight on Independent Contractors, Altercation, Substantial Deviation, and Abandonment of Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list...

The Top 10 Bizarre Workers' Comp Cases for 2013

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior year. In doing so, I reenact, in part...

Virginia: Worker Was Not Aggressor When She Called Co-Worker a “Jerk”

Credible evidence supported the Commission’s findings that a worker, who injured her lower back during a physical altercation with a coworker, was not the aggressor and, therefore, under the circumstances entitled to workers’ compensation benefits, indicated a Virginia appellate court. Since...

United States: Videotape of Plaintiff’s Interaction With Guest Dooms Retaliatory Discharge Claim

A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s explanations for discharging her—which...